‘You can disagree if you want…’

http://www.ipwatchdog.com/2016/11/21/patent-views-peter-thiel-mean-trump-administration/id=74741/

Gene Quinn November 24, 2016 3:07 pm

  • Staff-

    You can disagree if you want, but a patent is not a monopoly and you make a huge mistake saying that it is. First, those who hate patents want others to incorrectly believe a patent is a monopoly in order to regulate it under the Antitrust laws. Second, a monopoly only exists if there is a market. Too many inventors make the mistake that getting a patent means that there will be riches appear. 98% of patents cover inventions that make no money. There simply is no market for most inventions, so no monopoly. Third, a single patent on an invention will never create a monopoly once additional innovation and improvement occurs. So patents offer incredibly important rights to inventors and they should be strong and come with meaningful rights to exclude that are honored in the courts and by the USPTO that issued them, but monopoly is not the right word to use to describe patents.

    -Gene

    **********************************************

    Gene, thank you for responding. We welcome the opportunity to engage in open public debate on this important issue. Open debate has been something patent law has largely been devoid of with infringers (thieves) apparently controlling the publications on many sites and access to Congress. We are changing all that. For example, that is why we created our site so that open debate can occur.

    To be clear, we are not saying inventions are monopolies. Rather inventions are property and like other forms of property they come with certain rights. In this instance the right we were referencing was the right to exclude others, such as from making, using, or selling -the right of exclusivity.

    Do you agree inventors have the right of exclusivity?

    (Ps, we will run by our group for feedback to this post and update any changes on our site and attempt to do so here)

 

 

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